Illinois House to convene investigation of Rep. Smith

Tuesday

Mar 27, 2012 at 12:01 AMMar 27, 2012 at 4:51 PM

A special Illinois House committee meets Tuesday to begin investigating a federal bribery charge against one of its members. The committee will decide whether discipline is warranted for Rep. Derrick Smith. The Chicago Democrat faces a federal bribery charge, but won his party’s nomination to his House seat in last week’s primary election.

A special Illinois House committee meets Tuesday to begin investigating a federal bribery charge against one of its members.

The committee will decide whether discipline is warranted for Rep. Derrick Smith. The Chicago Democrat faces a federal bribery charge, but won his party’s nomination to his House seat in last week’s primary election.

House rules spell out proceedings for reviewing a member’s conduct that could lead to reprimand, censure or expulsion. But it’s a rare proceeding, and the six-member panel is treading carefully.

“We’re venturing into uncharted territory,” said Rep. Will Davis, D-Homewood. “We’ll figure it out as we go along.”

Davis is among three Democrats and three Republicans in the group chaired by Rep. Elaine Nekritz, a Northbrook Democrat.

Federal prosecutors charged Smith, who was appointed to his seat last spring, after he allegedly accepted a $7,000 cash bribe in exchange for what he thought was his endorsement of a daycare center’s state grant application. The U.S. attorney’s office says the operation was an undercover sting.

After Smith won 77 percent of the vote in last week’s Democratic primary over an opponent who used to be a Republican activist, top Democrats asked Smith to resign. They include Smith’s former employer and political sponsor, Secretary of State Jesse White

Smith has resisted, and he did not return messages seeking comment Monday.

Before the election, Gov. Pat Quinn warned against judging Smith before a jury rendered a verdict. But the day after Smith kept his seat safe for the party, the Democratic governor said Smith should resign because of the “cloud hanging over his head.”

During an appearance Monday in Springfield, Quinn said Smith would “do himself a favor by resigning” before the House expels him. He would not explain why he’s now willing to call for his ouster after much more restrained remarks last week.

He did note that Smith’s opponent in the primary was a former Republican. If Smith steps aside, Democrats could hand-pick his replacement.

Illinois Democratic Party Chairman Michael Madigan, whose political fund poured more than $60,000 into Smith’s primary race, would not comment on Smith after his arrest and now says it would be improper to say anything because, as House speaker, he set up the investigating committee.

Davis said it’s not awkward to sit in judgment of a colleague, but “unfortunate.”

“It’s unfortunate that we have to have this conversation,” Davis said. “It isn’t awkward. We’ll do what we have to do.”

The investigation was triggered when five House members — two more than necessary — sought the review in a petition to Madigan. One of those Republicans, Rep. Jim Sacia of Pecatonica, will present a written list of suggested charges, which is intended to guide the committee in deciding how far its review should go, according to House rules.

The committee will determine whether there was misconduct by Smith. If it decides there was, another House committee will take conduct a hearing on possible disciplinary measures. The Senate will not be involved.

That differs from an impeachment proceeding run by the House in December 2008 after former Gov. Rod Blagojevich was arrested on political corruption charges, which later earned him a 14-year sentence in federal prison.

In Blagojevich’s case, a committee’s investigation led to a House vote to impeach. The Senate tried Blagojevich on the impeachment charge and voted to remove him from office in January 2009.

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